Rent Determination for Assured Periodic Tenancy
📌 In brief
The First-tier Tribunal (Property Chamber) decided on the rent for an assured periodic tenancy. They considered the market rent, the condition of the property, and whether services were included in the rent. This decision helps tenants understand how their rent is calculated under the Housing Act 1988.
⚖️ Legal holding
A tenant is entitled to have their rent assessed according to the Housing Act 1988.
📖 What the law says
Under the Housing Act 1988, a tenant can apply to a tribunal to challenge the rent they pay under their assured tenancy. However, the application cannot be made if the rent is based on a previous tribunal decision or if more than six months have passed since the start of the tenancy. Additionally, tenants can also challenge a new rent proposed in a notice under sections 13(2) or 13A(2). When determining the rent, the tribunal considers what a willing landlord would charge for a similar property in the open market.
Plain-English explanation — does not replace advice from a solicitor.
📖 Technical summary
The Tribunal determined the rent for an assured periodic tenancy under the Housing Act 1988.
📜 Headnote Official document
The First-tier Tribunal (Property Chamber) determined the rent for an assured periodic tenancy under the Housing Act 1988, considering various factors such as the market rent, condition of the premises, and the inclusion of services in the rent.
📚 Full judgment Official document
OUTCOME: Other
MR22 First-tier Tribunal – Property Chamber File Ref No. MAN/00BN/MNR/2021/0015
Notice of the Tribunal Decision and Register of Rents under Assured Periodic Tenancies (Section 14 Determination)
Housing Act 1988 Section 14
Address of Premises The Tribunal members were [ADDRESS] [POSTCODE]
[NAME] Ms [RESPONDENT]
Landlord [RESPONDENT] c/o [NAME], [ADDRESS], [POSTCODE]
Tenant Mr [APPELLANT]
1. The rent is: £ 725.00 Per Calendar Month (excluding water rates and council tax but including any amounts in paras 3)
2. The date the decision takes effect is: 24 February 2021
3. The amount included for services is Not applicable Per
4. Date assured tenancy commenced 24 may 2019, renewed 25 June 2020 for six month term
5. Length of the term or rental period Monthly
6. Allocation of liability for repairs Section 11 of the Landlord and Tenant Act 1985
7. Furniture provided by landlord or superior landlord [NAME] goods, 2 beds and sofa
8. Description of premises 2 bedroom first floor flat in converted detached mansion in large plot. Original single glaze windows living room/kitchen. Communal garden. Communal Parking to front. Market rent in good condition £750. £25 deducted for wear and tear.
[NAME] of Decision 10 May 2021
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Assessment for Assured Periodic Tenancy Set at £731
- First-tier Tribunal (Property Chamber) Rent Assessment for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Shorthold Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Assessment for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Sets Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) First-tier Tribunal Determines Rent for Assured Periodic Tenancy
- First-tier Tribunal (Property Chamber) Rent Determination for Assured Periodic Tenancy
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenant requests a rent assessment under the Housing Act 1988.
❌ Tends to be rejected
- No specific factors identified as all cases favored the claimant.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
It set the rent for an assured periodic tenancy.
Who was involved?
A tenant and a landlord.
How did the court decide, and why?
They used the Housing Act 1988 to determine the rent based on the market value and condition of the property.
Which laws or rules were applied?
The Housing Act 1988, specifically section 14.
What was the argument that mattered most?
The condition and market value of the property were crucial in determining the rent.
Was the decision for or against the person who brought the case?
It was neither for nor against the tenant or landlord, as it was a neutral determination.
What does this mean for someone in a similar situation?
Someone in a similar situation can expect their rent to be assessed based on the same criteria.
What evidence or documents mattered?
Evidence of the market rent and the condition of the property were important.
Can a decision like this be appealed?
Yes, decisions like this can be appealed to a higher court.
Is it worth getting a solicitor for a case like this?
It is recommended to seek legal advice from a qualified solicitor for such cases.